Effect given to the recommendations of the committee and the Governing Body - Report No 313, March 1999

Case No 1719 (Nicaragua) - Complaint date: 06-JUN-93 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 39. The Committee last examined this case, which concerns dismissals in the customs sector following a strike in May 1993, during its November 1997 meeting (see 308th Report, paras. 48 to 52). On this occasion, the Committee recalled that it had appealed to the Government, with a view to encouraging a return to harmonious industrial relations, to endeavour to facilitate the reinstatement in their jobs of the UNE union leaders and members dismissed in the customs sector (see 304th Report, paras. 395 to 416).
2. 40. In communications dated 8 January, 23 February and 4 May 1998, the National Union of Employees (UNE) complained that the Government did not comply with the recommendations formulated by the Committee in June 1996 and did not reinstate or compensate the workers dismissed in the customs sector. The complainant insisted on the fact that the workers dismissed following the strike amounted to 144, and amongst them were all the trade union leaders of the unions William Ruiz Martinez, Héroes y Mártires del Sur, Pablo López, Advana El Espino as well as the FETRAP Federation.
3. 41. In communications dated 5 October 1998 and 25 January 1999, the Government states that harmonious industrial relations do exist in the customs sector and indicates that a collective agreement has been reached between the General Directorate of Customs and the Union of Customs Workers, a copy of which is attached.
4. 42. The Committee takes note of this information. The Committee regrets that despite the time elapsed since its recommendations (June 1996), the parties concerned have not been able to reach an agreement on the reinstatement of the workers dismissed following the strike of 1993. The Committee is fully aware of the difficulties with respect to the reinstatement of workers who were dismissed nearly six years ago and therefore urges the Government to take all necessary measures to ensure that the parties concerned do reach an agreement on full compensation for the workers dismissed, in the case that reinstatement could prove impossible.